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PERRY v. CAROLINA BUILDERS CORP.

No. COA97-19.

493 S.E.2d 814 (1997)

Miley A. PERRY and wife, Nancy A. Perry, and Perry and Moorfield, a North Carolina General Partnership, Plaintiffs, v. CAROLINA BUILDERS CORPORATION, and William Joslin, and Charles H. Sedberry as Trustees under deeds of trust of record in the Wake County Registry, Defendants.

Court of Appeals of North Carolina.

December 16, 1997.

Attorney(s) appearing for the Case

Burns, Day & Presnell, P.A. by David W. Boone, Raleigh, for plaintiffs-appellants.

Smith, Debnam, Hibbert and Pahl, L.L.P. by Connie E. Carrigan and Byron L. Saintsing, Raleigh, for defendants-appellees.

JOHN, Judge.

Plaintiffs contend the trial court erred by granting defendants' motion to dismiss under N.C.G.S. § 1A-1, Rule 12(b)(6) (1990) (Rule 12(b)(6)) for failure to state a claim upon which relief might be granted. We disagree.

Pertinent allegations by plaintiffs and procedural history include the following: Between 21 November 1994 and 28 February 1995, plaintiffs sold three real estate lots in Wake County to Everlast Builders, Inc. (Everlast)...

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